For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF OF POLICE. The Police Chief or his or her designee.
CITY ATTORNEY. The City Attorney or his or her designee.
FINANCE DIRECTOR/TREASURER. The City Finance Director/Treasurer or his or her designee.
GOODS or MERCHANDISE. Includes items and products of every kind and description, including all foods, produce and beverage items.
HUMAN POWERED DEVICE. Any device moved by human power including but not necessarily limited to any pushcart, wagon, bicycle, tricycle, grocery cart or other wheeled container or conveyance.
ICE CREAM TRUCK(S) BB. A motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods or soft drinks.
MOBILE VENDING VEHICLE. Any vehicle, as defined below, which is equipped or primarily used for retail sales of fruits, vegetables or produce, and/or prepared, pre-packaged or unprepared, unpackaged food of any kind on any public street, alley or highway or private street or alley within the City of Tulare. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries. A human powered device is not a MOBILE VENDING VEHICLE.
MOBILE VENDOR. Any person, as defined in this section, who:
(1) Owns, controls, manages and/or leases a vending vehicle; and/or
(2) Contracts with a person(s) to drive, operate, prepare foods and/or vend from a food-vending vehicle.
OPERATOR. Any and all person(s) who drive, operate, prepare foods and/or vend from a food-vending vehicle.
PERMIT. A permit issued by the Police Department, the Fire Department or a tax certificate issued by the Finance Department.
PERSON. Any natural person, firm, partnership, association, corporation or other entity of any kind or nature.
PLANNING AND BUILDING DIRECTOR. The Director of the Planning and Building Departments or his or her designee.
PUBLIC PROPERTY. Any real property, or interest therein, owned, leased, operated or otherwise controlled by the City of Tulare other than a street, alley, parkway or sidewalk.
RESTOCKING. Any transfer of goods or merchandise to a mobile vending vehicle from any other person or vehicle and includes, but is not limited to loading and delivery.
RISK MANAGER. The city’s Risk Manager or his or her designee.
VEHICLE. Pursuant to Cal. Vehicle Code § 670, vehicle shall mean a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
VEND or VENDING. Soliciting, displaying or offering produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries of any kind for sale or barter or exchange from a vehicle on a public or private street, alley, highway or public place within the City of Tulare and includes the movement or standing of a vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries, including but not limited to goods, wares or merchandise.
VENDOR. Any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom.
(1995 Code, § 5.92.020) (Ord. 02-1908, passed 11-19-2002)